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2002 murder conviction under scrutiny this week

Jose Torres' lawyer this week will present new witnesses and evidence that he says shows his client should be a free man.

Torres was convicted of murder 14 years ago in the July 4, 2001 shooting of Miguel Cruz on Hollister Street.

At the time, Torres had signed a confession that he now says was coerced and fraudulent. He also says in his appeal that information was withheld at his trial and makes other claims regarding police mishandling of his case.

In a prior hearing, however, State Supreme Court Justice Francis Affronti ruled that Torres’ path for appeal would only focus on new evidence — an alleged confession by another man and new witness testimony by alleged witnesses.

Torres' lawyer, David Abbatoy, has said in addition to the testimony of Torres, Angel Carrasquillo would testify that he killed Cruz in a dispute over a robbery of drugs and money.

Local attorney Matthew Hagen has been the driving force behind the new evidence, including the statements from Carrasquillo, who is serving life in prison for another crime. Hagen is not handling the appeal because he could become a witness in the case.

In 2014, Hagen located an eyewitness, Steven Rivera, who said he saw another man — not Torres — fleeing from the shooting. The man was removing a mask, and momentarily aimed a handgun at Rivera, he said. Rivera said he was with two other men at the time.

Hagen eventually determined that the man whom Rivera saw was Carrasquillo, who is imprisoned at the Attica Correctional Facility on a murder conviction, and who Hagen says admitted in May to killing Cruz.